SUNITA DEVI Vs. UNITED INDIA INSURANCE CO LTD

JUDGEMENT

(1.) THIS is claimants' four appeals for enhancement of the compensation awarded by Motor Accident Claims Tribunal, Pauri garhwal vide Award dated 2nd June, 2005 passed in Motor Accident Claim Petition No. 12 of 2004.

(2.) BY filing a claim petition under section 163-A of the Motor Vehicles act, 1988, the claimants, who are unfortunate widow and minor children of deceased kheemanand, claimed compensation of rs. 7,35,000/- for his death in the motor accident on 28th January, 2004 when the maruti van bearing registration No. U. A. 12-0019, which was being driven by the deceased himself, met with an accident resulting in his death on the spot itself. The claimants pleaded that deceased Kheemanand used to earn rs. 5,000/- per month as driver.

(3.) THE owner and the insurer of the Maruti van contested the claim and denied their liability to pay compensation to the claimants. The insurer took the plea that the Maruti van was being plied in breach of the policy conditions; the driver of Maruti van was not holding a valid and effective driving licence; and the accident occurred due to the negligence of the driver himself.